Trade-in Terms & Conditions
June 2023
Who are we? What do we offer?
Some definitions
Who can use the Trade-in Service to sell products?
What products are eligible to the Trade-in service ?
What information shall Individuals provide on the product?
How to trade in a product?
What if you do not provide all necessary information or fail to respond?
What about returns?
What about liability for products and services?
Applicable law and dispute resolution
Article 1 - Who are we? What do we offer?
1.1 Welcome to Back Market, the marketplace connecting sellers and buyers of renewed consumer electronics operated by JUNG S.A.S, a simplified joint stock company, registered at the Paris Register of Commerce and Companies under company number 804 049 476 and having its registered office at 199 rue Championnet 75018 PARIS, France (hereinafter referred to as “BACK MARKET” or “we”). The Trade-in service allows Individuals to connect with and sell their electronics to Refurbishers who will then refurbish these devices for their commercial activities. For all things concerning Trade-in please review and follow the Trade-in Terms and Conditions (“Trade-in Terms”) provided here.
1.2 Back Market acts as an intermediary, and is in no case the Refurbisher of Products. BACK MARKET is therefore not responsible for the Products sold or bought via the Marketplace. Besides, unless otherwise specified, BACK MARKET is not a brand owner’s distributor of Products.
1.3 The purpose of these Trade-in Terms is to define the conditions of Trade-in that apply between an Individual and a Refurbisher for the trade-in of Products on the Marketplace. The Refurbishers and the Individuals undertake to comply with these Trade-in Terms. Individuals shall be vigilant when reading and accepting the Trade-in Terms for each order, as they can evolve between two successive orders. BY ACCESSING OR USING THE TRADE-IN SERVICE IN ANY WAY, THE INDIVIDUAL REPRESENT THAT: (1) THEY HAVE READ, THEY UNDERSTAND, AND AGREE TO BE BOUND BY THESE TRADE-IN TERMS ; AND (2) THEY HAVE THE AUTHORITY TO ENTER INTO THESE TRAE-IN TERMS.
1.4 Any issues that are not addressed by the Trade-in Terms are subject to the provisions contained in other contracts binding the parties. Therefore, (i) the provisions of the Terms of Use, accessible here, continue to apply to the relationship between BACK MARKET and Individual, and (ii) the provisions of the Seller General Terms and Conditions and the Quality Charter binding Refurbishers to BACK MARKET continue to apply to the relationship between them in addition to the Trade-in Terms. In the event of a conflict among these documents, the following order of priority shall apply: the Trade-in Terms shall prevail over the Terms of Use, the Seller General Terms, and the Quality Charter only with respect to the relationship between the Refurbisher and the Individuals, pertaining specifically to the Trade-in Service.
1.5 The Trade-in service is free of charge for Individuals - with the exception of shipping fees that may be incurred according to article 6.3.3-, but is a paid service with respect to Refurbishers. Service fees are paid by Refurbishers to BACK MARKET in accordance with the provisions set out in the Terms of Use.
Article 2 - Some definitions
Capitalized terms used in this Trade-in Terms in either singular or plural form have the following meanings:
Individual - means any person(s) who sells Products to Refurbisher via the Marketplace.
Marketplace - means the internet website, accessible at the address www.backmarket.co.uk, through which Individuals and Refurbishers can be put in contact for the trade-in of electric and electronic products.
Refurbisher - means any professional which offers for Individual’s products on the Marketplace.
Article 3 - Who can use the Trade-in Service to sell products?
3.1 The Trade-in service may be used as an “Individual” only by natural persons who are 16 years old and over, and who are using the Marketplace for non-commercial purposes. Natural persons who are under 18 years old may use the Trade-in service only with the involvement of a parent or guardian.
3.2 Individuals are prohibited from providing false information or impersonating another person or company through their account. Individuals are solely responsible for their account, and thus, they are responsible for all activity on their account. For this reason, it is important that the Individual keeps their password secure. BACK MARKET shall not be responsible for communication errors would their contact information be inaccurate or incomplete.
Article 4 - What products are eligible to the Trade-in service?
4.1 The Trade-in Service is limited to the following products: mobile phones, game consoles, audio headsets and headphones, tablets, and MacBooks. BACK MARKET determines, in its sole discretion, which products are eligible for purchase or sale by or through the Trade-in service. BACK MARKET may terminate the eligibility of certain products at any time and without prior notice, but such termination will not affect any products for which an offer has already been accepted.
4.2 Individual understands and accepts that the following products cannot be sold through the Trade-in service: blocklisted, greylisted, a rooted item (only for Android items), oxidized products, bent products, or counterfeit products. In addition, smartphones must be fully compatible with all frequencies in the United-Kingdom.
4.3 Individuals have to provide the accessories included with the product when sold as new, when it is required for proper use of the product. Only standard accessories that Refurbishers can easily source are excluded (e.g. charging cables or wall-plug chargers for smartphones/tablets), a list of which is available under this link.
Article 5 - What information shall Individuals provide on the product?
5.1 An Individual who wishes to use the Trade-in service undertakes to describe as accurately as possible the nature and condition of the product they want to sell, in accordance with the list of grades available under this link.
5.2 The Individual must provide (i) a description of the nature of the product they would like to sell, (ii) the product’s brand, (iii) the product’s model, (iv) the product’s specificities (for example, regarding a phone, whether the phone is unlocked or locked to a carrier), (v) the condition of the product, and (iv) the network carrier the product is locked to, where applicable. In addition, Individual represents (a) that they have complete ownership of the product they are selling, (b) that they have not acquired the product illegally, (c) that their representations regarding the condition of the product are truthful and accurate, (d) that they have not modified the product’s software (i.e., jailbroken the product), (e) that they have deleted all personal data from the product, and have deactivated all user accounts (or, failing this, that they will delete their data and deactivate their accounts prior to sending the product to the Refurbisher).
Article 6 – How to trade in a product?
6.1 FIRST OFFER – ACCEPTANCE AND REJECTION
6.1.1 A first offer is made by a Refurbisher on the basis of the information provided and the representations made by the Individual. The BackBox algorithm finds the best offer, where available, among the Refurbishers registered for the service, taking into account the price rate. Once an offer is found, it is presented to the Individual so that they can continue the transaction directly with the Refurbisher. Prices are rounded to the nearest dollar.
This first Trade-in offer may be accepted or refused by the Individual.
6.1.2 This first offer is based on the declarations of the Individual, and it cannot constitute an acceptance nor a binding offer, until the Refurbisher has inspected the product and confirmed that the description of the product was complete and accurate. Individual understands that their acceptance of the first offer does not create a final contract of sale with the Refurbisher.
6.2 DISPATCH OF THE PRODUCT IN CASE OF ACCEPTANCE OF THE FIRST OFFER
6.2.1 An Individual who accepts a first Trade-in offer undertakes to:
A. Provide their birthday, nationality, physical address and telephone number,
B. Upload their valid ID (front and back),
C. Provide their IBAN and BIC which will be processed by BACK MARKET’s payment service provider. Follow the instructions provided by Back Market to ship the product. The Individual will be given a free prepaid shipping label that can be downloaded from their customer account.
E. Delete all personal data and any codes from their product and, in addition, to disconnect their iCloud, Google, Apple’s Find My Device feature or any other personal account, and to delete any code that could limit or prevent the Refurbisher from exploiting, repairing and/or selling the product. Individuals will find instructions on how to delete personal data under this link regarding iCloud/Google accounts.
F. Send the product to the Refurbisher within twenty-one (21) calendar days by securely packaging the product, printing out and affixing to the package the prepaid shipping label.
G. Agree to the transfer of title and ownership property of their product to the Refurbisher, once the Refurbisher processes the payment to Individual. In this regard, the Individual agrees to the transfer of ownership property via a dematerialized transfer voucher, by checking a box marking their acceptance immediately before the confirmation of the order. You disclaim any and all right, title or interest in and to the traded product, including the right to sell, dispose, or otherwise collect, where applicable, its value.
6.2.2 Individual understands that they bear the risks associated with sending their product and that they are responsible for appropriately preparing their product for shipping. Individual agrees to send detailed photographs of the device inside and outside of the parcel prior to shipping. Instructions as to how to prepare the product are provided in the confirmation email.
6.3 POTENTIAL SECOND OFFER
Upon receipt of the product, Refurbisher will inspect the product to verify that it conforms with the descriptions and declarations made by Individual as set forth in article 5 above.
6.3.1 Refurbisher has two (2) business days to pay the offer amount to the Individual’s bank account via BACK MARKET’s payment services provider, provided that the Individual has complied with all requirements set forth in article 6.2.1 (A, D and E). The Individual acknowledges that the availability of the funds depends on bank processing periods.
6.3.2 If the product received by the Refurbisher does not comply with the representations made by the Individual, the first offer is voided, and the following process shall apply:
● Refurbisher has two (2) business days to make a second Trade-in offer via their account.
● The Individual then has fourteen (14) business days to accept or reject the second Trade-in offer on their account.
○ If the second offer is accepted by the Individual, the sale becomes a firm sale and the Refurbisher must pay the offer price promised in the second offer, provided that the Individual has made their banking information available.
○ If the Individual rejects the second offer, there is no contract of sale and Refurbisher shall send the product back to the Individual within two (2) business days, with no cost for Individual.
6.3.3 In the exceptional cases where the Individual sends a product that is not eligible under article 4, or if the Refurbisher received a wrong product, the Refurbisher may give notice that the product cannot be purchased through the Trade-in service and that the first offer is therefore void. In that case, if the Individual wants the Refurbisher to return their product, the Individual undertakes to pay for a tracked shipment within five (5) calendar days after notice is given to the Individual via the Marketplace that their product cannot be purchased.
ARTICLE 7 - What if you do not provide all necessary information or fail to respond?
7.1 If the Individual refuses or abstains from providing their complete information complying with the requirements in article 6.2.1 A, D, F and G, there is no contract of sale and no Trade-in operation shall occur.
7.2 If the Individual refuses or abstains from providing their complete information complying with the requirements in article 6.2.1 E, BACK MARKET will send reminders three (3) times over a period of forty five (45) calendar days. Once the reminders have been sent and the period is completed, if the Individual still does not comply and does not provide a shipping label for the Refurbisher, the Refurbisher WILL NOT SEND THE PRODUCT BACK to the Individual and is FREE TO RECYCLE THE PRODUCT AS THEY SEE FIT, WITH NO OBLIGATION OF PAYMENT TO THE Individual.
7.3 If the Individual has complied with the requirements in article 6.2.1 but fails to respond to the Refurbisher’s second offer, BACK MARKET will send reminders three (3) times over a period of fourteen (14) calendar days. Once the reminders have been sent and the period is completed, if the Individual still has not responded, they will be deemed as having implicitly accepted the second offer made by the Refurbisher. The Refurbisher will pay the amount of the second offer to the Individual.
7.4 If the Individual has not provided their bank account information or does not upload their valid ID in case BACK MARKET’s payment services provider requests it, payment will be blocked by Back Market’s payment partner, and may be returned to Refurbisher if the Individual has still not provided their bank account information after a period of sixty (60) days and after at least one (1) reminder sent by BACK MARKET.
ARTICLE 8 - What about returns?
Except in cases where the return is at the Individual’s expense, the Refurbisher will send back the product via a tracked shipment and add the tracking number in the chat of the order.
ARTICLE 9 - What about liability for products and services?
9.1 Concerning the services: Back Market shall make every effort to ensure the availability of the Trade-in service. Back Market reserves the right to suspend or limit access to the Trade-in services to carry out repairs, maintenance operations, and/or add and/or develop a functionnality and/or a service. BACK MARKET may not be held responsible for any damage suffered by an Individual due to the impossibility to use all or part of the Trade-in service.
9.2 Concerning the Products:
BACK MARKET acts as an intermediary, and is in no case the buyer of Products on the Marketplace. BACK MARKET is not a party to the transaction entered into between the Refurbisher and the Individual and it cannot be held liable in the event of a dispute relating to the products, or to their sales.
Individuals agree to release BACK MARKET from any claim related to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which the Individual sends to the Refurbisher, or for such data s security, integrity, confidentiality, disclosure or use. Back Market is not responsible for: (a) any loss suffered by the Individual due to any data that is not erased from the device, or (b) any loss of data after the Individual submitted the Product to the Refurbisher.
Back Market reserves the right to cancel any Trade-in at its reasonable discretion in case of suspicion of fraud. Individual may cancel a Trade-in submission at any time until they have sent the Trade-in products to the Refurbisher. Individual will not receive any payment for a canceled Trade-in.
Article 10 - Applicable law and dispute resolution
10.1 These Trade-in Terms are governed by English law.
10.2 In the event of a dispute relating to the formation, signature, performance, interpretation or validity of these Trade-in Terms or, more generally, to the relationship with a Refurbisher, the Individual and the Refurbisher are invited to take the necessary steps to resolve their dispute on an amicable basis.
10.3 The Individual is informed that they may, if they so wish, involve a consumer affairs mediator free of charge for the amicable resolution of the dispute between them and the Refurbisher. In this respect, the Individual may use the online dispute resolution Marketplace set up by the European Commission via the website which can be accessed here.
10.4 If the Individual does not wish to benefit from the mediation or if the mediation has not been successful, the Individual may refer the matter to the courts having jurisdiction in the place of his/her residence at the time of the signature of the agreement or when the event causing the damage occurred, in the place of the headquarters of the Refurbisher or in the place of actual delivery of the Product. Please be reminded that Back Market is not the Refurbisher of the Products. If the Buyer wishes to launch legal proceedings, they will find all the information relating to the Refurbisher’s identity in the “My trade-ins” tab of their client account.
